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Cybersecurity Paradigm Shift: The Risks Of Net Neutrality Repeal To Energy Reliability, Public Safety, And Climate Change Solutions, Catherine J.K Sandoval 2019 University of San Diego

Cybersecurity Paradigm Shift: The Risks Of Net Neutrality Repeal To Energy Reliability, Public Safety, And Climate Change Solutions, Catherine J.K Sandoval

San Diego Journal of Climate & Energy Law

This Article contends that the Federal Communications Commission’s (FCC) January 2018 repeal of net neutrality rules created a “zero-day” cybersecurity vulnerability for the energy sector and other criti¬¬¬cal infrastructure. “A zero-day cybersecurity vulnerability is a previously unknown flaw in a computer program that exposes the program to external manipulation.” The flaw may also reside in compromised hardware that creates a “back door” into the internet-connected device. This Article argues that cybersecurity has been primarily viewed from a “hacker paradigm” that obscures systemic threats an Internet Service Provider (ISP) can create to energy reliability and cybersecurity through paid priority ...


Enforcement Or Fiction? Considering Grants Of Authority Under The California Global Warming Solutions Act Of 2006 And An Alternative To Compel Enforcement, Jessica Kirshner 2019 University of San Diego

Enforcement Or Fiction? Considering Grants Of Authority Under The California Global Warming Solutions Act Of 2006 And An Alternative To Compel Enforcement, Jessica Kirshner

San Diego Journal of Climate & Energy Law

California has long established itself as a leader in climate change policy, with a deeply entrenched and ever-developing regulatory framework. The state is home to some of the earliest research on, and regulations targeted at, mitigating the severe implications of greenhouse gas (GHG) emissions, like carbon dioxide (CO2), on Earth’s atmosphere. It is therefore unsurprising that California’s regulatory approaches for climate change mitigation and GHG emissions reductions influence local and national climate change law and policies. This influence also notably percolates international climate policy. However, before California may definitively proclaim itself as a global model for successful climate ...


State Climate Actors Under The Federal Power Act: A 2017 Fpa Update, Guidance, And Solution, Ian Kearney 2019 University of San Diego

State Climate Actors Under The Federal Power Act: A 2017 Fpa Update, Guidance, And Solution, Ian Kearney

San Diego Journal of Climate & Energy Law

Climate change poses the greatest single threat to nearly every being on this planet. It is the result of many factors, but anthropogenic emissions of carbon and other greenhouse gasses (GHGs) are among the largest contributors to climate change. Though many sources emit anthropogenic GHGs, the energy sector is the largest global emitter of any economic sector. As such, the energy sector has come under particular scrutiny as it relates to climate change policy.

Today in the United States, state climate action is as prevalent as ever. However, the federal government’s environmental progress under the Obama Administration has come ...


You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien 2019 Elisabeth Haub School of Law at Pace University

You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien

Pace Law Faculty Publications

Fish are sentient — they feel pain and suffer. Yet, while we see increasing interest in protecting birds and mammals in industries such as farming and research (albeit few laws), no such attention has been paid to the suffering of fish in the fishing industry. Consideration of fish welfare including reducing needless suffering should be a component of fisheries management. This article focuses on fisheries management practices, the effects of anthropogenic climate change on fisheries management practices, and the moral implications of fish sentience on the development and amendment of global fishing practices. Part I examines domestic and international fisheries, including ...


Federal Jurisdiction For Above-Ground Oil Storage Tanks: A Practical Analysis For Navigating Federal Regulations, Kathryn Hussong 2019 St. Mary's University School of Law

Federal Jurisdiction For Above-Ground Oil Storage Tanks: A Practical Analysis For Navigating Federal Regulations, Kathryn Hussong

St. Mary's Law Journal

Clear, consistent, and concise jurisdictional boundaries will aid pipeline operators to determine which regulations apply to their operations and associated facilities. This will help alleviate legal and financial risk to pipeline operators, who may be liable for noncompliance regardless of whether the pipeline operator or the associated refinery commits the violation. Overlapping state and federal regulations of pipelines and refineries has created confusion amongst operators regarding what regulations apply to their facilities. Three federal agencies—the Pipeline and Hazardous Safety Administration (PHMSA), the Occupational Safety and Health Administration, and the Environmental Protection Agency (EPA) respectively—and a myriad of state ...


This Land Is Your Land? Survey Delegation Laws As A Compensable Taking, Doug Chapman 2019 Washington and Lee University School of Law

This Land Is Your Land? Survey Delegation Laws As A Compensable Taking, Doug Chapman

Washington and Lee Journal of Civil Rights and Social Justice

While every state in the Union has a statute delegating in some form surveying authority to private entities, the practice has been especially visible and controversial due to pipeline construction in the Commonwealth of Virginia. A major point of contention in pipeline development has centered upon the ability of private companies to use delegated eminent domain powers to survey land for possible future development. While recent decisions by both a federal Virginia District Court and the state’s Supreme Court have upheld the state’s surveying delegation law from landowner challenges, the issue is far from resolved. Virginia therefore provides ...


The Concentration Of Commercial Hazardous Waste Facilities In The Western New York Community, R. Nils Olsen Jr. 2019 University at Buffalo School of Law

The Concentration Of Commercial Hazardous Waste Facilities In The Western New York Community, R. Nils Olsen Jr.

R. Nils Olsen, Jr.

No abstract provided.


Book Review Of "River Of Lost Souls", Clifford J. Villa 2019 University of New Mexico School of Law

Book Review Of "River Of Lost Souls", Clifford J. Villa

Public Land & Resources Law Review

No abstract provided.


Poland: Winds Of Change In The Act On Windfarms, Jacob T. McClendon 2019 University of Georgia School of Law

Poland: Winds Of Change In The Act On Windfarms, Jacob T. Mcclendon

Georgia Journal of International & Comparative Law

No abstract provided.


The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian 2019 Chinese University of Hong Kong

The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian

Georgia Journal of International & Comparative Law

No abstract provided.


Commonwealth Climate And Law Initiative - Climate Change And Legal Risk, Janis P. Sarra, Cynthia Williams 2019 Allard School of Law at the University of British Columbia

Commonwealth Climate And Law Initiative - Climate Change And Legal Risk, Janis P. Sarra, Cynthia Williams

Cynthia A. Williams

In this presentation, Dr Janis Sarra, Presidential Distinguished Professor and Professor of Law University of British Columbia, outlined the fiduciary obligations of corporate directors and pension fiduciaries as they relate to climate change. Professor Cynthia A. Williams, Osler Chair in Business Law, Osgoode Hall Law School provided an overview of the Task Force on Climate-related Financial Disclosures, highlighted the potential for liability risks in Canada for misleading or inaccurate disclosures relating to climate change, and surveyed the field of current climate-related litigation.


Disclosure Of Information Concerning Climate Change: Liability Risks And Opportunities, Cynthia A. Williams 2019 Osgoode Hall Law School of York University

Disclosure Of Information Concerning Climate Change: Liability Risks And Opportunities, Cynthia A. Williams

Cynthia A. Williams

The Commonwealth Climate and Law Initiative (CCLI) has published two legal research papers on Canadian fiduciary duties and disclosure obligations in the climate change context. In Obligations in Business and Investment: Implications of Climate Change, legal analysis by Dr Janis Sarra, Presidential Distinguished Professor and Professor of Law University of British Columbia, shows that directors, officers and pension fund trustees must identify and address climate-related financial risk or they may be personally liable for breach of their fiduciary obligation or duty of care. In Disclosure of Information Concerning Climate Change: Liability Risks and Opportunities, Cynthia A. Williams, Osler Chair in ...


Directors’ Liability And Climate Risk: Canada-Country Paper, Janis P. Sarra, Cynthia Williams 2019 Allard School of Law at the University of British Columbia

Directors’ Liability And Climate Risk: Canada-Country Paper, Janis P. Sarra, Cynthia Williams

Cynthia A. Williams

The Commonwealth Climate and Law Initiative (CCLI) is examining the legal basis for directors and trustees to take account of physical climate change risk and societal responses to climate change, under prevailing statutory and common (judge-made) laws. These are the first comprehensive legal assessments of the discharge of directors’ duties in the climate context for four Commonwealth common law countries: Australia, Canada, South Africa, and the United Kingdom. These have been complemented by conferences in Australia (August 2016), Canada (October 2017), South Africa (January 2018) and the UK (June 2016).

The national legal papers follow a uniform structure and can ...


Investing In America's Surface Transportation Infrastructure: The Need For A Multi-Year Reauthorization Bill: Hearing Before The S. Comm. On Env't & Pub. Works, 116th Cong., July 10, 2019, Vicki Arroyo 2019 Georgetown University Law Center

Investing In America's Surface Transportation Infrastructure: The Need For A Multi-Year Reauthorization Bill: Hearing Before The S. Comm. On Env't & Pub. Works, 116th Cong., July 10, 2019, Vicki Arroyo

Testimony Before Congress

The Fourth National Climate Assessment, released in November 2018, described the serious impacts of climate change already being felt throughout the U.S., and made clear that the risks to communities all across the country are growing rapidly.

These findings, along with those in the 2018 Intergovernmental Panel on Climate Change (IPCC) report should serve as an immediate call to action. Even if we manage to limit planetary warming to just 2 degrees Celsius, the world will still face increased chances of economic and social upheaval from more severe flooding, droughts, heatwaves, and other climate impacts as well as devastating ...


Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill 2019 Columbia Law School

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Indiana Law Journal

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous ...


Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii 2019 Loyola University Chicago, School of Law

Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii

James T Gathii

This Article analyzes recent environmental law decisions of Africa's fledgling international courts. In 2014, for example, the East African Court of Justice stopped the government of Tanzania from building a road across Serengeti National Park because of its potential adverse environmental impacts. Decisions like these have inaugurated a new era of enhanced environmental judicial protection in Africa. This expansion into environmental law decision-making by Africa's international trade courts contrasts with other international courts that are designed to specialize on one issue area such as human rights or international trade, but not both. By contrast, Africa's international courts ...


This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms 2019 Washington and Lee University School of Law

This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms

Washington and Lee Law Review

Part II of this Note begins by providing a brief overview of the background and goals of CERCLA. Part II also provides an examination of the issue of ownership liability under CERCLA and recounts the federal courts’ difficulty in applying ownership liability. Part II then describes how the federal government’s “bare legal title” argument arose out of the confusion surrounding ownership liability in CERCLA litigation. Part III moves on to examine the recent trend in CERCLA litigation rejecting the federal government’s bare legal title argument, thus holding the federal government liable as an owner based on its possession ...


Unforced Errors, Legal Fulcrum & International Climate, Steven Ferrey 2019 Suffolk University Law School

Unforced Errors, Legal Fulcrum & International Climate, Steven Ferrey

Minnesota Journal of Law, Science & Technology

No abstract provided.


Bp Oil Spill: Compensation, Agency Costs,And Restitution, David F. Partlett, Russell L. Weaver 2019 Selected Works

Bp Oil Spill: Compensation, Agency Costs,And Restitution, David F. Partlett, Russell L. Weaver

Russell L. Weaver

No abstract provided.


Are Marine National Monuments "Situated On Lands Owned Or Controlled By The Government Of The United States?", Tyler C. Costello 2019 University of Maine School of Law

Are Marine National Monuments "Situated On Lands Owned Or Controlled By The Government Of The United States?", Tyler C. Costello

Ocean and Coastal Law Journal

The ocean offers what may seem like endless supply of natural resources, ecosystem services, or for some, simple enjoyment. Yet, in the face of climate change and overexploitation, many of these unique ecosystems and their inhabitants face an uphill battle. A president's use of the Antiquities Act establishing a national monument is an efficient and effective method of protecting these diverse ecosystems, as long as the area to be protected satisfies one of the Act's limitations that the monument be "situated on land owned or controlled by the federal government." Prior to a 2017 lawsuit concerning President Obama ...


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